General Terms and Conditions applicable to the WMF Retail GmbH Online Shop
1.1 These General Terms and Conditions apply to all business relationships between WMF Retail GmbH, 73312 Geislingen/Steige, Germany (“WMF”) and the customer (the “Customer”) initiated and handled via WMF’s online shop at http://www.wmf.com. The version of these General Terms and Conditions valid at the time the order is placed will apply.
1.2 If agreements have been entered into separately between WMF and the Customer, these General Terms and Conditions will prevail. Unless expressly agreed to in writing by WMF, WMF hereby refuses to accept any contradicting or other general terms and conditions put forward by the Customer.
1.3 The goods in the online shop are offered to end consumers exclusively. Therefore, WMF expressly reserves the right to offer and deliver goods to the Customer in regular household quantities only. For the purpose of these General Terms and Conditions (i) “Consumer” means any natural person entering into a purchase agreement for purposes that do not predominantly concern his/her business or self-employed activities, and (ii) “Entrepreneur” means any natural or legal person or legal partnership entering into the contract in the pursuit of his/her/its business or self-employed activities.
1.4 The goods in the online shop currently are offered exclusively to Customers whose habitual residence is located in one of WMF’s delivery regions and who can provide a delivery address in one of these regions. Further delivery restrictions are set out under 4. below.
2. Purchase agreement
2.1 Unless the Customer selects PayPal as a payment method, WMF’s offerings in the online shop do not represent a legally binding offer to conclude a purchase agreement but rather are an unbinding online catalogue to inform the Customer about the goods offered in the online shop as well as an invitation to place an order. Orders placed by the Customer become binding if the Customer clicks the "Buy Now" button in the Cart section at the end of the order process. At any time before clicking the "Buy Now" button the Customer can edit the data entered, change the contents of the cart and/or end the order process by closing the online shop website. By placing an order, the Customer submits to WMF a binding offer to enter into a purchase agreement. The order confirmation e-mailed to the Customer by WMF does not mean WMF has accepted the Customer’s offer to enter into a purchase agreement but serves to inform the Customer that WMF has received the order (“Acknowledgment of Receipt”). Unless the Customer has selected PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the "Send" button. WMF will notify the Customer by e-mail when the goods have been entrusted to the provider of logistics services (“Shipment Confirmation”). WMF will be entitled, but not obligated, to accept the Customer’s offer to enter into a purchase agreement within 14 days after receipt. If the Customer selected PayPal as the payment method, the purchase agreement will be concluded when the Customer clicks the "Buy Now" button.
2.2 In the event the Customer places an order for specific goods which are not available at the time the Customer places the order, WMF reserves the right to reject the Customer’s order. Moreover, WMF reserves the right to be released from the obligation to deliver goods if the goods ordered are not available after a purchase agreement has been reached. In this case, WMF will notify the Customer promptly and will reimburse any money the Customer paid for the cancelled order.
2.3 WMF will not accept orders from any Customers who are under 18 years of age at the time the order is placed.
2.4 The language of the purchase agreement will depend on the language offered to the Customer in the online shop. WMF reserves the right to provide the Customer with invoices and delivery notes issued in the language of the respective country.
2.5 WMF does not save the respective contractual terms and for General Terms and Conditions in such a way that they will be available at any time after the contract has been executed. Only the respective updated contractual terms and General Terms and Conditions will be available.
3. Cancellation policy for Consumers
3.1 A Consumer’s right to cancel orders is set out in the cancellation policy below:
Right to cancel this purchase agreement
You have the right to cancel this purchase agreement within 30 days without being required to provide a reason.
The aforementioned 30-day period will begin on the date on which you or a third party appointed by you, other than the deliverer, accepted the last shipment of the goods you ordered.
To assert your right to cancel this purchase agreement, please send an unequivocal notification by mail, fax, e-mail, etc., to us at
WMF Retail GmbH
WMF Platz 1
Phone: +49 7331-256-256
Alternatively, you can use the enclosed cancellation form. You also can complete the cancellation form or send another unequivocal notification to us through our website at www.wmf.com/en/revocation. In this event, we will confirm receipt of your cancellation promptly, for example, by e-mail.
To comply with the notice period, please remember to send the notification before such period expires.
Consequences of cancellations
If you cancel this purchase agreement we will reimburse you for all payments received from you including delivery costs (with the exception of additional costs incurred if you selected a type of delivery other than our lowest standard delivery) promptly and at the least within 30 days after the date on which we received your cancellation. To reimburse you for the aforementioned payments we will use the same method you used for the original transaction unless expressly agreed otherwise with you. In no case will we levy any fees for such reimbursement. We reserve the right to refuse to make such reimbursement until we receive the returned goods or until you furnish proof that you have returned the goods, whichever date is earlier.
You will be required to return the goods to WMF Retail GmbH, Online Shop, WMF Platz 1, 73312 Geislingen/Steige, Germany promptly and no later than 30 days after the date on which you notified us of your cancellation. The period for the return of the goods will be complied with if you send the goods before the 30-day period expires.
We will assume the costs of returning the goods to us. You undertake to assume all costs for any loss in value of the goods if such loss in value resulted from handling the goods in a way that was not necessary to assess the nature, features and functionality of the goods.
End of cancellation policy
3.2 Pursuant to § 312g of the Civil Code of Germany (Bürgerliches Gesetzbuch), the Customer does not have the right to cancel an order if
a) the goods were not prefabricated and the production of such goods is based on the Customer’s individual selection or definition to a large extent, or if the goods have been tailored to the Customer’s personal needs; and/or
b) the goods were sealed prior to delivery and are not suitable for return for reasons of health protection or hygiene if the seal has been removed by the Customer after delivery.
4. Delivery, delivery periods, availability of goods
4.1 Deliveries only will be made to the delivery address provided by the Customer and only if such address is located in one of WMF’s delivery regions. Details regarding the delivery regions are specified on Shipping and Delivery page. WMF reserves the right to make reasonable partial deliveries. In this case, WMF will inform the Customer in the shipment confirmation.4.2 As part of the order process, WMF will notify the Customer of the delivery period. WMF will notify the Customer promptly of any delivery delay resulting from force majeure or other incidents for which WMF is not responsible and will provide the Customer with a reasonable new delivery period in line with the circumstances of the delay. In the event the goods cannot be delivered within such new delivery period for reasons for which WMF is not responsible, WMF can rescind the purchase agreement in whole or in part. In this case, WMF will reimburse the Customer promptly for all payments made. If the Customer cannot be expected to accept the delayed delivery, the Customer can rescind the purchase agreement by notifying WMF in text form (by letter, fax or e-mail). The Customer’s other statutory rights will remain unaffected.
4.3 The Customer can reserve goods marked as not available in the online shop by clicking the "Reserve Item" button. WMF will notify the Customer by e-mail when the goods are available and will provide the Customer with a link to begin the order process.
5. Prices and shipping costs
5.1 Prices valid at the time orders are placed will apply. All prices include statutory sales tax.
5.2 Delivery costs and all additional costs incurred for services offered by WMF in the online shop and requested by the Customer must be specified in the order form and will be assumed by the Customer. Shipping costs may vary depending on the type of delivery and the nature of the order. Details regarding shipping costs are specified on Shipping and Delivery page.
6. Payment and payment methods
6.1 Invoiced amounts will be payable upon delivery without deductions.
6.2 WMF offers these payment methods: credit card, invoice and PayPal. Depending on the creditworthiness check and the value of the order, WMF can limit the payment methods offered to the Customer. Reimbursement of any invoiced amount will be made using the payment method selected by the Customer.
6.2.1 If the Customer selects payment on invoice, WMF will grant the Customer a 14-day grace period after receipt of the goods. This payment method is reserved for Consumers with identical invoice and delivery addresses.
6.2.2 For credit card payments, WMF accepts MasterCard, Visa and American Express. Invoiced amounts will be blocked on the Customer’s credit card on the date the order is placed and will be charged on the date the goods are shipped.
6.2.3 If the Customer selects PayPal, the goods will be shipped subject to the receipt of the payment confirmation by PayPal.
6.3 The Customer will be entitled to offset amounts only if his/her counterclaims have been determined in a legally binding manner, are undisputed, or have been acknowledged in writing by WMF. Moreover, the Customer can exercise his/her right to retain payments only to the extent that the respective counterclaim is based on the same purchase agreement.
7. Retention of title
Delivered goods will remain the property of WMF until all receivables under purchase agreements have been paid.
8.1 In the event of defects in the delivered goods, the Customer’s rights to claim supplementary performance or a price reduction or to rescind the purchase agreement are subject to the applicable laws. As part of his/her right to claim supplementary performance, the Customer can request a replacement or remedy of the defects. However, WMF will be entitled to deliver a replacement if remedying the defects would not be reasonable. The Customer’s rights to claim damages or compensation for wasted expenditure are specified under 9. below.
8.2 All warranty claims will lapse two years after delivery of the goods.
9.1 WMF will be liable for damages only as specified under a) through d) below:
(a) in the event of death, bodily harm and/or harm to the health as well as in the event of damage caused by intent or gross negligence;
(b) in the event of damage resulting from non-compliance with guarantees made in writing for the Customer’s asset interests covered by the guarantee that was known to WMF at the time it was made;
(c) in the event of product liability as set out in the Product Liability Law of Germany;
(d) in the event of a breach of key contractual obligations resulting from minor negligence. Liability for damages will be limited to the scope of the damage WMF typically had to anticipate at the time the purchase agreement was concluded based on the circumstances known at the time. Key contractual obligations are key obligations essential to the conclusion of the purchase agreement on which the Customer could expect to rely.
9.2 In all other cases, WMF’s liability for damages will be excluded regardless of the legal grounds.
9.3 In the case specified under 9.1 d) above, claims for damages and compensation will lapse after twelve months. The beginning of such lapse period will be subject to § 199 of the Civil Code of Germany.
9.4 To the extent WMF’s liability is excluded pursuant to these General Terms and Conditions, the same will apply to the liability of its associates and agents including, but not limited to, staff members.
10.1 All personal data provided by the Customer will be collected, used and processed exclusively in compliance with the applicable privacy laws.
10.2 For the performance of the contract with the Customer it is necessary to process personal data of the Customer. WMF processes the contract, order and payment information of the Customer. The legal basis for processing the personal data is the contract between WMF and the customer. In accordance with Article 6 para. 1 (b) General Data Protection Regulation. Because of statutory retention obligation under the commercial and tax code the personal data of the customer processed in connection with the contract will be retained for 10 years. Apart from that the personal data will only be processed in accordance with the applicable laws, any other contractual agreements between WMF and the Customer or the Customer’s consent.
10.3 Details on the scope of the processing of the Customer’s personal data are described in the general data protection declaration (Articles 10-14) General Data Protection Regulation on our Homepage https://www.wmf.com/en/disclaimer/privacy.html.
11. Complaints/ dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution at the link: http://ec.europa.eu/consumers/odr/. This gives consumers the opportunity to resolve any disputes in connection with their online orders initially without judicial intervention.
We are neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
If you have any questions, please contact us on the following address: [email protected].
12. Final provisions
12.1 WMF and the Customer agree on the application of the laws of Germany under the exclusion of the provisions of the CISG.
12.2 Should any of the provisions of these General Terms and Conditions be or become invalid, the validity of the remainder of the provisions will remain unaffected.
12.3 If the Customer is a merchant, the exclusive legal venue for all disputes will be the location of WMF’s registered offices in Ulm. However, WMF may use its general legal venue to bring suit against the Customer.
13. Supplier’s identity and contact information
WMF Retail GmbH
WMF Platz 1
Phone: +49 73 31 - 25 1 (Monday through Friday 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.)
E-Mail: [email protected]
Represented by the Managing Director:
with registered offices in Geislingen an der Steige, Germany, registered at the Ulm District Court under HRB 721 361
VAT ID pursuant to § 27a of the VAT Law of Germany (Umsatzsteuergesetz): DE 255 332 558
Complaints may be filed at the address indicated below.
WMF Retail GmbH, Geislingen/Steige